[United States Statutes at Large, Volume 125, 112th Congress, 1st Session]
[From the U.S. Government Printing Office, www.gpo.gov]
Public Law 112-90
112th Congress
An Act
To amend title 49, United States Code, to provide for enhanced safety
and environmental protection in pipeline transportation, to provide for
enhanced reliability in the transportation of the Nation's energy
products by pipeline, and for other purposes. <>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES CODE;
DEFINITIONS; TABLE OF CONTENTS.
(a) Short <> Title.--This Act may be
cited as the ``Pipeline Safety, Regulatory Certainty, and Job Creation
Act of 2011''.
(b) Amendment of Title 49, United States Code.--Except as otherwise
expressly provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or a repeal of, a section or
other provision, the reference shall be considered to be made to a
section or other provision of title 49, United States Code.
(c) <> Definitions.--
(1) Applicability of chapter 601 definitions.--In this Act,
any term defined in chapter 601 of title 49, United States Code,
has the meaning given that term in that chapter.
(2) High-consequence area.--In this Act, the term ``high-
consequence area'' means an area described in section 60109(a)
of title 49, United States Code.
(d) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; amendment of title 49, United States Code;
definitions; table of contents.
Sec. 2. Civil penalties.
Sec. 3. Pipeline damage prevention.
Sec. 4. Automatic and remote-controlled shut-off valves.
Sec. 5. Integrity management.
Sec. 6. Public education and awareness.
Sec. 7. Cast iron gas pipelines.
Sec. 8. Leak detection.
Sec. 9. Accident and incident notification.
Sec. 10. Transportation-related onshore facility response plan
compliance.
Sec. 11. Pipeline infrastructure data collection.
Sec. 12. Transportation-related oil flow lines.
Sec. 13. Cost recovery for design reviews.
Sec. 14. Biofuel pipelines.
Sec. 15. Carbon dioxide pipelines.
Sec. 16. Study of transportation of diluted bitumen.
Sec. 17. Study of nonpetroleum hazardous liquids transported by
pipeline.
Sec. 18. Clarifications.
Sec. 19. Maintenance of effort.
Sec. 20. Administrative enforcement process.
Sec. 21. Gas and hazardous liquid gathering lines.
[[Page 1905]]
Sec. 22. Excess flow valves.
Sec. 23. Maximum allowable operating pressure.
Sec. 24. Limitation on incorporation of documents by reference.
Sec. 25. Pipeline safety training for State and local government
personnel.
Sec. 26. Report on minority-owned, woman-owned, and disadvantaged
businesses.
Sec. 27. Report on pipeline projects.
Sec. 28. Cover over buried pipelines.
Sec. 29. Seismicity.
Sec. 30. Tribal consultation for pipeline projects.
Sec. 31. Pipeline inspection and enforcement needs.
Sec. 32. Authorization of appropriations.
SEC. 2. CIVIL PENALTIES.
(a) General Penalties; Penalty Considerations.--Section 60122 is
amended--
(1) in subsection (a)(1)--
(A) in the first sentence by striking ``$100,000''
and inserting ``$200,000''; and
(B) in the last sentence by striking ``$1,000,000''
and inserting ``$2,000,000''; and
(2) in subsection (b)(1)(B) by striking ``the ability to
pay,''.
(b) Operator Assistance in Investigations.--Section 60118(e) is
amended to read as follows:
``(e) Operator Assistance in Investigations.--
``(1) <> Assistance and access.--If the
Secretary or the National Transportation Safety Board
investigates an accident or incident involving a pipeline
facility, the operator of the facility shall--
``(A) make available to the Secretary or the Board
all records and information that in any way pertain to
the accident or incident, including integrity management
plans and test results; and
``(B) afford all reasonable assistance in the
investigation of the accident or incident.
``(2) Operator assistance in investigations.--
``(A) In general.--The Secretary may impose a civil
penalty under section 60122 on a person who obstructs or
prevents the Secretary from carrying out inspections or
investigations under this chapter.
``(B) Obstructs defined.--
``(i) In general.--In this paragraph, the term
`obstructs' includes actions that were known, or
reasonably should have been known, to prevent,
hinder, or impede an investigation without good
cause.
``(ii) Good cause.--In clause (i), the term
`good cause' may include actions such as
restricting access to facilities that are not
secure or safe for nonpipeline personnel or
visitors.''.
(c) Administrative Penalty Caps Inapplicable.--Section 60120(a)(1)
is amended by adding at the end the following: ``The maximum amount of
civil penalties for administrative enforcement actions under section
60122 shall not apply to enforcement actions under this section.''.
(d) Judicial Review of Administrative Enforcement Orders.--Section
60119(a) is amended--
(1) in the subsection heading by striking ``and Waiver
Orders'' and inserting ``, Orders, and Other Final Agency
Actions''; and
[[Page 1906]]
(2) by striking ``about an application for a waiver under
section 60118(c) or (d) of this title'' and inserting ``under
this chapter''.
SEC. 3. PIPELINE DAMAGE PREVENTION.
(a) Minimum Standards for State One-Call Notification Programs.--
Section 6103(a) is amended to read as follows:
``(a) Minimum Standards.--
``(1) In general.--In order to qualify for a grant under
section 6106, a State one-call notification program, at a
minimum, shall provide for--
``(A) appropriate participation by all underground
facility operators, including all government operators;
``(B) appropriate participation by all excavators,
including all government and contract excavators; and
``(C) flexible and effective enforcement under State
law with respect to participation in, and use of, one-
call notification systems.
``(2) Exemptions prohibited.--In order to qualify for a
grant under section 6106, a State one-call notification program
may not exempt municipalities, State agencies, or their
contractors from the one-call notification system requirements
of the program.''.
(b) State Damage Prevention Programs.--Section 60134(a) is amended--
(1) in paragraph (1) by striking ``and'' after the
semicolon;
(2) in paragraph (2)(B) by striking ``(b).'' and inserting
``(b); and''; and
(3) by adding at the end the following:
``(3) does not provide any exemptions to municipalities,
State agencies, or their contractors from the one-call
notification system requirements of the program.''.
(c) <> Effective Date.--The amendments
made by this section shall take effect 2 years after the date of
enactment of this Act.
(d) Excavation Damage.--
(1) Study.--The Secretary of Transportation shall conduct a
study on the impact of excavation damage on pipeline safety.
(2) Contents.--The study shall include--
(A) an analysis of the frequency and severity of
different types of excavation damage incidents;
(B) an analysis of exemptions to the one-call
notification system requirements in each State;
(C) a comparison of exemptions to the one-call
notification system requirements in each State to the
types of excavation damage incidents in that State; and
(D) an analysis of the potential safety benefits and
adverse consequences of eliminating all exemptions for
mechanized excavation from State one-call notification
systems.
(3) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure and the Committee
on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate
a report on the results of the study.
SEC. 4. AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF VALVES.
Section 60102 is amended--
[[Page 1907]]
(1) by striking subsection (j)(3); and
(2) by adding at the end the following:
``(n) Automatic and Remote-Controlled Shut-off Valves for New
Transmission Pipelines.--
``(1) <> In general.--Not
later than 2 years after the date of enactment of this
subsection, and after considering the factors specified in
subsection (b)(2), the Secretary, if appropriate, shall require
by regulation the use of automatic or remote-controlled shut-off
valves, or equivalent technology, where economically,
technically, and operationally feasible on transmission pipeline
facilities constructed or entirely replaced after the date on
which the Secretary issues the final rule containing such
requirement.
``(2) High-consequence area study.--
``(A) Study.--The Comptroller General of the United
States shall conduct a study on the ability of
transmission pipeline facility operators to respond to a
hazardous liquid or gas release from a pipeline segment
located in a high-consequence area.
``(B) Considerations.--In conducting the study, the
Comptroller General shall consider the swiftness of leak
detection and pipeline shutdown capabilities, the
location of the nearest response personnel, and the
costs, risks, and benefits of installing automatic and
remote-controlled shut-off valves.
``(C) Report.--Not later than 1 year after the date
of enactment of this subsection, the Comptroller General
shall submit to the Committee on Transportation and
Infrastructure and the Committee on Energy and Commerce
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a
report on the results of the study.''.
SEC. 5. <> INTEGRITY MANAGEMENT.
(a) <> Evaluation.--Not later than 18 months after
the date of enactment of this Act, the Secretary of Transportation shall
evaluate--
(1) whether integrity management system requirements, or
elements thereof, should be expanded beyond high-consequence
areas; and
(2) with respect to gas transmission pipeline facilities,
whether applying integrity management program requirements, or
elements thereof, to additional areas would mitigate the need
for class location requirements.
(b) Factors.--In conducting the evaluation under subsection (a), the
Secretary shall consider, at a minimum, the following:
(1) The continuing priority to enhance protections for
public safety.
(2) The continuing importance of reducing risk in high-
consequence areas.
(3) The incremental costs of applying integrity management
standards to pipelines outside of high-consequence areas where
operators are already conducting assessments beyond what is
required under chapter 601 of title 49, United States Code.
(4) The need to undertake integrity management assessments
and repairs in a manner that is achievable and sustainable, and
that does not disrupt pipeline service.
[[Page 1908]]
(5) The options for phasing in the extension of integrity
management requirements beyond high-consequence areas, including
the most effective and efficient options for decreasing risks to
an increasing number of people living or working in proximity to
pipeline facilities.
(6) The appropriateness of applying repair criteria, such as
pressure reductions and special requirements for scheduling
remediation, to areas that are not high-consequence areas.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure and the Committee on Energy and Commerce of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report, based on the evaluation conducted
under subsection (a), containing the Secretary's analysis and findings
regarding--
(1) expansion of integrity management requirements, or
elements thereof, beyond high-consequence areas; and
(2) with respect to gas transmission pipeline facilities,
whether applying the integrity management program requirements,
or elements thereof, to additional areas would mitigate the need
for class location requirements.
(d) Data Reporting.--The Secretary shall collect any relevant data
necessary to complete the evaluation required by subsection (a).
(e) Technical Correction.--Section 60109(c)(3)(B) is amended to read
as follows:
``(B) <> Subject to paragraph (5),
periodic reassessments of the facility, at a minimum of
once every 7 calendar years, using methods described in
subparagraph <> (A). The Secretary
may extend such deadline for an additional 6 months if
the operator submits written notice to the Secretary
with sufficient justification of the need for the
extension.''.
(f) Rulemaking Requirements.--
(1) Review period defined.--In this subsection, the term
``review period'' means the period beginning on the date of
enactment of this Act and ending on the earlier of--
(A) the date that is 1 year after the date of
completion of the report under subsection (c); or
(B) the date that is 3 years after the date of
enactment of this Act.
(2) Congressional authority.--In order to provide Congress
the necessary time to review the results of the report required
by subsection (c) and implement appropriate recommendations, the
Secretary shall not, during the review period, issue final
regulations described in paragraph (3)(B).
(3) Standards.--
(A) Findings.--As soon as practicable following the
review period, the Secretary shall issue final
regulations described in subparagraph (B), if the
Secretary finds, in the report required under subsection
(c), that--
(i) integrity management system requirements,
or elements thereof, should be expanded beyond
high-consequence areas; and
[[Page 1909]]
(ii) with respect to gas transmission pipeline
facilities, applying integrity management program
requirements, or elements thereof, to additional
areas would mitigate the need for class location
requirements.
(B) Regulations.--Regulations issued by the
Secretary under subparagraph (A), if any, shall--
(i) expand integrity management system
requirements, or elements thereof, beyond high-
consequence areas; and
(ii) remove redundant class location
requirements for gas transmission pipeline
facilities that are regulated under an integrity
management program adopted and implemented under
section 60109(c)(2) of title 49, United States
Code.
(4) Savings clause.--
(A) <> In general.--
Notwithstanding any other provision of this subsection,
the Secretary, during the review period, may issue final
regulations described in paragraph (3)(B), if the
Secretary determines that a condition that poses a risk
to public safety, property, or the environment is
present or an imminent hazard exists and that the
regulations will address the risk or hazard.
(B) Imminent hazard defined.--In subparagraph (A),
the term ``imminent hazard'' means the existence of a
condition related to pipelines or pipeline operations
that presents a substantial likelihood that death,
serious illness, severe personal injury, or substantial
endangerment to health, property, or the environment may
occur.
(g) Report to Congress on Risk-Based Pipeline Reassessment
Intervals.--Not later than 2 years after the date of enactment of this
Act, the Comptroller General of the United States shall evaluate--
(1) whether risk-based reassessment intervals are a more
effective alternative for managing risks to pipelines in high-
consequence areas once baseline assessments are complete when
compared to the reassessment interval specified in section
60109(c)(3)(B) of title 49, United States Code;
(2) the number of anomalies found in baseline assessments
required under section 60109(c)(3)(A) of title 49, United States
Code, as compared to the number of anomalies found in
reassessments required under section 60109(c)(3)(B) of such
title; and
(3) the progress made in implementing the recommendations in
GAO Report 06-945 and the current relevance of those
recommendations that have not been implemented.
SEC. 6. PUBLIC EDUCATION AND AWARENESS.
(a) National Pipeline Mapping System.--Section 60132 is amended by
adding at the end the following:
``(d) Map of High-consequence Areas.--The Secretary shall--
``(1) maintain, as part of the National Pipeline Mapping
System, a map of designated high-consequence areas (as described
in section 60109(a)) in which pipelines are required to meet
integrity management program regulations, excluding any
proprietary or sensitive security information; and
``(2) update the map biennially.
[[Page 1910]]
``(e) Program To Promote Awareness of National Pipeline Mapping
System.--Not later than <> 1 year after the date of
enactment of this subsection, the Secretary shall develop and implement
a program promoting greater awareness of the existence of the National
Pipeline Mapping System to State and local emergency responders and
other interested <> parties. The program shall include
guidance on how to use the National Pipeline Mapping System to locate
pipelines in communities and local jurisdictions.''.
(b) <> Information to Emergency Response
Agencies.--
(1) <> Guidance.--Not later than 18 months
after the date of enactment of this Act, the Secretary shall
issue guidance to owners and operators of pipeline facilities on
the importance of providing system-specific information about
their pipeline facilities to emergency response agencies of the
communities and jurisdictions in which those facilities are
located.
(2) Consultation.--Before issuing guidance under paragraph
(1), the Secretary shall consult with owners and operators of
pipeline facilities to determine the extent to which the owners
and operators are already providing system-specific information
about their pipeline facilities to emergency response agencies.
(c) Response Plans.--
(1) In general.--Chapter 601 is amended by adding at the end
the following:
``Sec. 60138. <> Response plans
``(a) In <> General.--The Secretary of
Transportation shall--
``(1) maintain on file a copy of the most recent response
plan (as defined in part 194 of title 49, Code of Federal
Regulations) prepared by an owner or operator of a pipeline
facility; and
``(2) provide upon written request to a person a copy of the
plan, which may exclude, as the Secretary determines
appropriate--
``(A) proprietary information;
``(B) security-sensitive information, including
information described in section 1520.5(a) of title 49,
Code of Federal Regulations;
``(C) specific response resources and tactical
resource deployment plans; and
``(D) the specific amount and location of worst case
discharges (as defined in part 194 of title 49, Code of
Federal Regulations), including the process by which an
owner or operator determines the worst case discharge.
``(b) Relationship to FOIA.--Nothing in this section may be
construed to require disclosure of information or records that are
exempt from disclosure under section 552 of title 5.''.
(2) Clerical amendment.--The analysis for chapter 601 is
amended by inserting after the item relating to section 60137
the following:
``60138. Response plans.''.
SEC. 7. CAST IRON GAS PIPELINES.
(a) Follow-Up Surveys.--Section 60108(d) is amended by adding at the
end the following:
``(4) <> Not later than December 31, 2012, and
every 2 years thereafter, the Secretary shall conduct a follow-up survey
to measure the progress that owners and operators of pipeline facilities
[[Page 1911]]
have made in adopting and implementing their plans for the safe
management and replacement of cast iron gas pipelines.''.
(b) Status Report.--Not later than December 31, 2013, the Secretary
of Transportation shall transmit to the Committee on Transportation and
Infrastructure and the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that--
(1) identifies the total mileage of cast iron gas pipelines
in the United States; and
(2) evaluates the progress that owners and operators of
pipeline facilities have made in implementing their plans for
the safe management and replacement of cast iron gas pipelines.
SEC. 8. <> LEAK DETECTION.
(a) Leak Detection Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Energy and Commerce of the
House of Representatives a report on leak detection systems
utilized by operators of hazardous liquid pipeline facilities
and transportation-related flow lines.
(2) Contents.--The report shall include--
(A) an analysis of the technical limitations of
current leak detection systems, including the ability of
the systems to detect ruptures and small leaks that are
ongoing or intermittent, and what can be done to foster
development of better technologies; and
(B) an analysis of the practicability of
establishing technically, operationally, and
economically feasible standards for the capability of
such systems to detect leaks, and the safety benefits
and adverse consequences of requiring operators to use
leak detection systems.
(b) Rulemaking Requirements.--
(1) Review period defined.--In this subsection, the term
``review period'' means the period beginning on the date of
enactment of this Act and ending on the earlier of--
(A) the date that is 1 year after the date of
completion of the report under subsection (a); or
(B) the date that is 2 years after the date of
enactment of this Act.
(2) Congressional authority.--In order to provide Congress
the necessary time to review the results of the report required
by subsection (a) and implement appropriate recommendations, the
Secretary, during the review period, shall not issue final
regulations described in paragraph (3).
(3) Standards.--As soon as practicable following the review
period, if the report required by subsection (a) finds that it
is practicable to establish technically, operationally, and
economically feasible standards for the capability of leak
detection systems to detect leaks, the Secretary shall issue
final regulations that--
(A) require operators of hazardous liquid pipeline
facilities to use leak detection systems where
practicable; and
[[Page 1912]]
(B) establish technically, operationally, and
economically feasible standards for the capability of
such systems to detect leaks.
(4) Savings clause.--
(A) <> In general.--
Notwithstanding any other provision of this subsection,
the Secretary, during the review period, may issue final
regulations described in paragraph (3) if the Secretary
determines that a condition that poses a risk to public
safety, property, or the environment is present or an
imminent hazard exists and that the regulations will
address the risk or hazard.
(B) Imminent hazard defined.--In subparagraph (A),
the term ``imminent hazard'' means the existence of a
condition related to pipelines or pipeline operations
that presents a substantial likelihood that death,
serious illness, severe personal injury, or substantial
endangerment to health, property, or the environment may
occur.
SEC. 9. <> ACCIDENT AND INCIDENT
NOTIFICATION.
(a) Revision of Regulations.--Not later than 18 months after the
date of enactment of this Act, the Secretary of Transportation shall
revise regulations issued under sections 191.5 and 195.52 of title 49,
Code of Federal Regulations, to establish specific time limits for
telephonic or electronic notice of accidents and incidents involving
pipeline facilities to the Secretary and the National Response Center.
(b) Minimum Requirements.--In revising the regulations, the
Secretary, at a minimum, shall--
(1) establish time limits for telephonic or electronic
notification of an accident or incident to require such
notification at the earliest practicable moment following
confirmed discovery of an accident or incident and not later
than 1 hour following the time of such confirmed discovery;
(2) review procedures for owners and operators of pipeline
facilities and the National Response Center to provide thorough
and coordinated notification to all relevant State and local
emergency response officials, including 911 emergency call
centers, for the jurisdictions in which those pipeline
facilities are located in the event of an accident or incident,
and revise such procedures as appropriate; and
(3) require such owners and operators to revise their
initial telephonic or electronic notice to the Secretary and the
National Response Center with an estimate of the amount of the
product released, an estimate of the number of fatalities and
injuries, if any, and any other information determined
appropriate by the Secretary within 48 hours of the accident or
incident, to the extent practicable.
(c) Updating of Reports.--After receiving revisions described in
subsection (b)(3), the National Response Center shall update the initial
report on an accident or incident instead of generating a new report.
SEC. 10. TRANSPORTATION-RELATED ONSHORE FACILITY RESPONSE PLAN
COMPLIANCE.
(a) In General.--Subparagraphs (A) and (B) of section 311(m)(2) of
the Federal Water Pollution Control Act (33 U.S.C. 1321(m)(2)) are each
amended by striking ``Administrator or'' and inserting ``Administrator,
the Secretary of Transportation, or''.
[[Page 1913]]
(b) Conforming Amendment.--Section 311(b)(6)(A) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(b)(6)(A)) is amended by striking
``operating or'' and inserting ``operating, the Secretary of
Transportation, or''.
SEC. 11. PIPELINE INFRASTRUCTURE DATA COLLECTION.
(a) In General.--Section 60132(a) is amended by adding at the end
the following:
``(4) Any other geospatial or technical data, including
design and material specifications, that the Secretary
determines are necessary to carry out the purposes of this
section. The Secretary shall give reasonable notice to operators
that the data are being requested.''.
(b) Disclosure Limited to FOIA Requirements.--Section 60132, as
amended by this Act, is further amended by adding at the end the
following:
``(f) Public Disclosure Limited.--The Secretary may not disclose
information collected pursuant to subsection (a) except to the extent
permitted by section 552 of title 5.''.
SEC. 12. TRANSPORTATION-RELATED OIL FLOW LINES.
Section 60102, as amended by this Act, is further amended by adding
at the end the following:
``(o) Transportation-Related Oil Flow Lines.--
``(1) Data collection.--The Secretary may collect geospatial
or technical data on transportation-related oil flow lines,
including unregulated transportation-related oil flow lines.
``(2) Transportation-related oil flow line defined.--In this
subsection, the term `transportation-related oil flow line'
means a pipeline transporting oil off of the grounds of the well
where it originated and across areas not owned by the producer,
regardless of the extent to which the oil has been processed, if
at all.
``(3) Limitation.--Nothing in this subsection authorizes the
Secretary to prescribe standards for the movement of oil through
production, refining, or manufacturing facilities or through oil
production flow lines located on the grounds of wells.''.
SEC. 13. COST RECOVERY FOR DESIGN REVIEWS.
(a) In General.--Section 60117(n) is amended to read as follows:
``(n) Cost Recovery for Design Reviews.--
``(1) In general.--
``(A) Review costs.--For any project described in
subparagraph (B), if the Secretary conducts facility
design safety reviews in connection with a proposal to
construct, expand, or operate a gas or hazardous liquid
pipeline facility or liquefied natural gas pipeline
facility, including construction inspections and
oversight, the Secretary may require the person
proposing the project to pay the costs incurred by the
Secretary relating to such
reviews. <> If the
Secretary exercises the cost recovery authority
described in this paragraph, the Secretary shall
prescribe a fee structure and assessment methodology
that is based on the costs of providing these reviews
and shall prescribe procedures to collect fees under
this paragraph. The Secretary
[[Page 1914]]
may not collect design safety review fees under this
paragraph and section 60301 for the same design safety
review.
``(B) Projects to which applicable.--Subparagraph
(A) applies to any project that--
``(i) has design and construction costs
totaling at least $2,500,000,000, as periodically
adjusted by the Secretary to take into account
increases in the Consumer Price Index for all-
urban consumers published by the Department of
Labor, based on--
``(I) the cost estimate provided to
the Federal Energy Regulatory Commission
in an application for a certificate of
public convenience and necessity for a
gas pipeline facility or an application
for authorization for a liquefied
natural gas pipeline facility; or
``(II) a good faith estimate
developed by the person proposing a
hazardous liquid pipeline facility and
submitted to the Secretary; or
``(ii) uses new or novel technologies or
design, as determined by the Secretary.
``(2) <>
Notification.--For any new pipeline facility construction
project in which the Secretary will conduct design reviews, the
person proposing the project shall notify the Secretary and
provide the design specifications, construction plans and
procedures, and related materials at least 120 days prior to the
commencement of <> construction. To the maximum
extent practicable, not later than 90 days after receiving such
design specifications, construction plans and procedures, and
related materials, the Secretary shall provide written comments,
feedback, and guidance on the project.
``(3) Pipeline safety design review fund.--
``(A) Establishment.--There is established a
Pipeline Safety Design Review Fund in the Treasury of
the United States.
``(B) Deposits.--The Secretary shall deposit funds
paid under this subsection into the Fund.
``(C) Use.--Amounts in the Fund shall be available
to the Secretary, in amounts specified in appropriations
Acts, to offset the costs of conducting facility design
safety reviews under this subsection.
``(4) No additional permitting authority.--Nothing in this
subsection may be construed as authorizing the Secretary to
require a person to obtain a permit before beginning design and
construction in connection with a project described in paragraph
(1)(B).''.
(b) <> Guidance.--Not later
than 1 year after the date of enactment of this Act, the Secretary of
Transportation shall issue guidance to clarify the meaning of the term
``new or novel technologies or design'' as used in section
60117(n)(1)(B)(ii) of title 49, United States Code, as amended by
subsection (a) of this section.
SEC. 14. BIOFUEL PIPELINES.
Section 60101(a)(4) is amended--
(1) in subparagraph (A) by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (B) as subparagraph (C);
and
[[Page 1915]]
(3) by inserting after subparagraph (A) the following:
``(B) nonpetroleum fuel, including biofuel, that is
flammable, toxic, or corrosive or would be harmful to
the environment if released in significant quantities;
and''.
SEC. 15. CARBON DIOXIDE PIPELINES.
Section 60102(i) is amended--
(1) by striking ``The Secretary shall regulate'' and
inserting the following:
``(1) Transportation in liquid state.--The Secretary shall
regulate''.
(2) by adding at the end the following new paragraph:
``(2) Transportation in gaseous state.--
``(A) Minimum safety standards.--The Secretary shall
prescribe minimum safety standards for the
transportation of carbon dioxide by pipeline in a
gaseous state.
``(B) Considerations.--In establishing the
standards, the Secretary shall consider whether applying
the minimum safety standards in part 195 of title 49,
Code of Federal Regulations, as in effect on the date of
enactment of this paragraph, for the transportation of
carbon dioxide in a liquid state to the transportation
of carbon dioxide in a gaseous state would ensure
safety.
``(3) Limitation on statutory construction.--Nothing in this
subsection authorizes the Secretary to regulate piping or
equipment used in the production, extraction, recovery, lifting,
stabilization, separation, or treatment of carbon dioxide or the
preparation of carbon dioxide for transportation by pipeline at
production, refining, or manufacturing facilities.''.
SEC. 16. STUDY OF TRANSPORTATION OF DILUTED BITUMEN.
Not <> later than 18 months
after the date of enactment of this Act, the Secretary of Transportation
shall complete a comprehensive review of hazardous liquid pipeline
facility regulations to determine whether the regulations are sufficient
to regulate pipeline facilities used for the transportation of diluted
bitumen. In conducting the review, the Secretary shall conduct an
analysis of whether any increase in the risk of a release exists for
pipeline facilities transporting diluted <> bitumen. The
Secretary shall report the results of the review to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Energy and
Commerce of the House of Representatives.
SEC. 17. STUDY OF NONPETROLEUM HAZARDOUS LIQUIDS TRANSPORTED BY
PIPELINE.
The Secretary of Transportation may conduct an analysis of the
transportation of nonpetroleum hazardous liquids by pipeline facility
for the purpose of identifying the extent to which pipeline facilities
are currently being used to transport nonpetroleum hazardous liquids,
such as chlorine, from chemical production facilities across land areas
not owned by the producer that are accessible to the public. The
analysis should identify the extent to which the safety of the pipeline
facilities is unregulated by the States and evaluate whether the
transportation of such chemicals by pipeline facility across areas
accessible to the public would present significant risks to public
safety, property, or the environment in the absence of regulation. The
results of the analysis shall be
[[Page 1916]]
made available to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure and
the Committee on Energy and Commerce of the House of Representatives.
SEC. 18. CLARIFICATIONS.
(a) Inspection and Maintenance.--Section 60108(a)(1) is amended by
striking ``an intrastate'' and inserting ``a''.
(b) Owner and Operator.--Section 60102(a)(2)(A) is amended by
striking ``owners and operators'' and inserting ``any or all of the
owners or operators''.
SEC. 19. <> MAINTENANCE OF EFFORT.
Section 60107(b) is amended by adding at the end the following:
``For each of fiscal years 2012 and 2013, the Secretary shall grant such
a waiver to a State if the State can demonstrate an inability to
maintain or increase the required funding share of its safety program at
or above the level required by this subsection due to economic hardship
in that State. For fiscal year 2014, and each fiscal year thereafter,
the Secretary may grant such a waiver to a State if the State can make
the demonstration described in the preceding sentence.''.
SEC. 20. ADMINISTRATIVE ENFORCEMENT PROCESS.
(a) <> Issuance of Regulations.--
(1) <> In general.--Not later than 2 years
after the date of enactment of this Act, the Secretary of
Transportation shall issue regulations--
(A) requiring hearings under sections 60112, 60117,
60118, and 60122 of title 49, United States Code, to be
convened before a presiding official;
(B) providing the opportunity for any person
requesting a hearing under section 60112, 60117, 60118,
or 60122 of such title to arrange for a transcript of
the hearing, at the expense of the requesting person;
(C) ensuring expedited review of any order issued
pursuant to section 60112(e) of such title;
(D) implementing a separation of functions between
personnel involved with the investigation and
prosecution of an enforcement case and advising the
Secretary on findings and determinations; and
(E) prohibiting ex-parte communication relevant to
the question to be decided in such a case by parties to
an investigation or hearing.
(2) Presiding official.--The regulations issued under this
subsection shall--
(A) <> define the term
``presiding official'' to mean the person who conducts
any hearing relating to civil penalty assessments,
compliance orders, safety orders, or corrective action
orders; and
(B) require that the presiding official be an
attorney on the staff of the Deputy Chief Counsel of the
Pipeline and Hazardous Materials Safety Administration
that is not engaged in investigative or prosecutorial
functions, including the preparation of notices of
probable violations, notices relating to civil penalty
assessments, notices relating to compliance, or notices
of proposed corrective actions.
[[Page 1917]]
(3) Expedited review.--The regulations issued under this
subsection shall define the term ``expedited review'' for the
purposes of paragraph (1)(C).
(b) Standards of Judicial Review.--Section 60119(a) is amended by
adding at the end the following new paragraph:
``(3) <> A judicial review of agency action
under this section shall apply the standards of review established in
section 706 of title 5.''.
SEC. 21. GAS AND HAZARDOUS LIQUID GATHERING LINES.
(a) Review.--The Secretary of Transportation shall conduct a review
of existing Federal and State regulations for gas and hazardous liquid
gathering lines located onshore and offshore in the United States,
including within the inlets of the Gulf of Mexico.
(b) Report to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure and the Committee
on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate
a report on the results of the review.
(2) Recommendations.--The report shall include the
Secretary's recommendations with respect to--
(A) the sufficiency of existing Federal and State
laws and regulations to ensure the safety of gas and
hazardous liquid gathering lines;
(B) the economic impacts, technical practicability,
and challenges of applying existing Federal regulations
to gathering lines that are not currently subject to
Federal regulation when compared to the public safety
benefits; and
(C) subject to a risk-based assessment, the need to
modify or revoke existing exemptions from Federal
regulation for gas and hazardous liquid gathering lines.
(c) Offshore Gathering Lines.--Section 60108(c) is amended by adding
at the end the following:
``(8) <> If, after reviewing
existing Federal and State regulations for hazardous liquid gathering
lines located offshore in the United States, including within the inlets
of the Gulf of Mexico, the Secretary determines it is appropriate, the
Secretary shall issue regulations, after notice and an opportunity for a
hearing, subjecting offshore hazardous liquid gathering lines and
hazardous liquid gathering lines located within the inlets of the Gulf
of Mexico to the same standards and regulations as other hazardous
liquid gathering lines. The regulations issued under this paragraph
shall not apply to production pipelines or flow lines.''.
SEC. 22. EXCESS FLOW VALVES.
Section 60109(e)(3) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following:
``(B) Distribution branch services, multifamily
facilities, and small commercial facilities.--
Not <> later
than 2 years after the date of enactment of the Pipeline
Safety, Regulatory Certainty, and Job Creation Act of
2011, and after issuing a final report on the evaluation
of the National Transportation Safety Board's
recommendation on excess flow valves in applications
other than service
[[Page 1918]]
lines serving one single family residence, the
Secretary, if appropriate, shall by regulation require
the use of excess flow valves, or equivalent technology,
where economically, technically, and operationally
feasible on new or entirely replaced distribution branch
services, multifamily facilities, and small commercial
facilities.''.
SEC. 23. MAXIMUM ALLOWABLE OPERATING PRESSURE.
(a) In General.--Chapter 601, as amended by this Act, is further
amended by adding at the end the following:
``Sec. 60139. <> Maximum allowable operating
pressure
``(a) Verification of Records.--
``(1) In <> general.--The Secretary of
Transportation shall require each owner or operator of a
pipeline facility to conduct, not later than 6 months after the
date of enactment of this section, a verification of the records
of the owner or operator relating to the interstate and
intrastate gas transmission pipelines of the owner or operator
in class 3 and class 4 locations and class 1 and class 2 high-
consequence areas.
``(2) Purpose.--The purpose of the verification shall be to
ensure that the records accurately reflect the physical and
operational characteristics of the pipelines described in
paragraph (1) and confirm the established maximum allowable
operating pressure of the pipelines.
``(3) Elements.--The verification process under this
subsection shall include such elements as the Secretary
considers appropriate.
``(b) Reporting.--
``(1) Documentation of certain pipelines.--Not later than 18
months after the date of enactment of this section, each owner
or operator of a pipeline facility shall identify and submit to
the Secretary documentation relating to each pipeline segment of
the owner or operator described in subsection (a)(1) for which
the records of the owner or operator are insufficient to confirm
the established maximum allowable operating pressure of the
segment.
``(2) Exceedances of maximum allowable operating pressure.--
If there <> is an exceedance of the maximum
allowable operating pressure with respect to a gas transmission
pipeline of an owner or operator of a pipeline facility that
exceeds the build-up allowed for operation of pressure-limiting
or control devices, the owner or operator shall report the
exceedance to the Secretary and appropriate State authorities on
or before the 5th day following the date on which the exceedance
occurs.
``(c) Determination of Maximum Allowable Operating Pressure.--
``(1) In general.--In the case of a transmission line of an
owner or operator of a pipeline facility identified under
subsection (b)(1), the Secretary shall--
``(A) require the owner or operator to reconfirm a
maximum allowable operating pressure as expeditiously as
economically feasible; and
``(B) determine what actions are appropriate for the
pipeline owner or operator to take to maintain safety
until a maximum allowable operating pressure is
confirmed.
[[Page 1919]]
``(2) Interim actions.--In determining the actions for an
owner or operator of a pipeline facility to take under paragraph
(1)(B), the Secretary shall take into account potential
consequences to public safety and the environment, potential
impacts on pipeline system reliability and deliverability, and
other factors, as appropriate.
``(d) Testing Regulations.--
``(1) In <> general.--Not later than 18
months after the date of enactment of this section, the
Secretary shall issue regulations for conducting tests to
confirm the material strength of previously untested natural gas
transmission pipelines located in high-consequence areas and
operating at a pressure greater than 30 percent of specified
minimum yield strength.
``(2) Considerations.--In developing the regulations, the
Secretary shall consider safety testing methodologies,
including, at a minimum--
``(A) pressure testing; and
``(B) other alternative methods, including in-line
inspections, determined by the Secretary to be of equal
or greater effectiveness.
``(3) <> Completion of testing.--The
Secretary, in consultation with the Chairman of the Federal
Energy Regulatory Commission and State regulators, as
appropriate, shall establish timeframes for the completion of
such testing that take into account potential consequences to
public safety and the environment and that minimize costs and
service disruptions.
``(e) High-consequence Area Defined.--In this section, the term
`high-consequence area' means an area described in section 60109(a).''.
(b) Clerical Amendment.--The analysis for chapter 601 is amended by
inserting after the item relating to section 60138 the following:
``60139. Maximum allowable operating pressure.''.
SEC. 24. LIMITATION ON INCORPORATION OF DOCUMENTS BY REFERENCE.
Section 60102, as amended by this Act, is further amended by adding
at the end the following:
``(p) Limitation on Incorporation of Documents by Reference.--
Beginning 1 <> year after the date of enactment of this subsection, the
Secretary may not issue guidance or a regulation pursuant to this
chapter that incorporates by reference any documents or portions thereof
unless the documents or portions thereof are made available to the
public, free of charge, on an Internet Web site.''.
SEC. 25. <> PIPELINE SAFETY TRAINING FOR
STATE AND LOCAL GOVERNMENT PERSONNEL.
(a) In General.--To further the objectives of chapter 601 of title
49, United States Code, the Secretary of Transportation may provide the
services of personnel from the Pipeline and Hazardous Materials Safety
Administration to provide training for State and local government
personnel at a pipeline safety training facility that is established and
operated by an agency or instrumentality of the United States, a unit of
State or local government, or an educational institution.
(b) Reimbursements for Training Expenditures.--
[[Page 1920]]
(1) In general.--Notwithstanding any other provision of law,
the Secretary may require reimbursement from sources other than
the Federal Government for all expenses incurred by the
Secretary in providing training for State and local government
personnel under subsection (a), including salaries, expenses,
transportation for Pipeline and Hazardous Materials Safety
Administration personnel, and the cost of training materials.
(2) Authorization of appropriations.--Amounts collected as
reimbursement under paragraph (1) are authorized to be
appropriated for the purposes set forth in chapter 601 of title
49, United States Code.
SEC. 26. REPORT ON MINORITY-OWNED, WOMAN-OWNED, AND DISADVANTAGED
BUSINESSES.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States, based upon available
information, shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Energy and Commerce of the House of
Representatives a comprehensive report assessing the levels and types of
participation and methods of facilitating the participation of minority-
owned business enterprises, woman-owned business enterprises, and
disadvantaged business enterprises in the construction and operation of
pipeline facilities in the United States.
SEC. 27. REPORT ON PIPELINE PROJECTS.
(a) Study.--The Comptroller General of the United States shall
conduct a comprehensive study regarding the process for obtaining
Federal and State permits for projects to construct pipeline facilities.
(b) Evaluation.--In conducting the study, the Comptroller General
shall evaluate how long it takes to issue permits for pipeline
construction projects, the relationship between the States and the
Federal Government in issuing such permits, and any recommendations from
the States for improving the permitting process.
(c) Consultation.--In conducting the study, the Comptroller General
shall consult with the Committee on Transportation and Infrastructure
and the Committee on Energy and Commerce of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure and the Committee on Energy and
Commerce of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the results of the
study.
SEC. 28. COVER OVER BURIED PIPELINES.
(a) In General.--Chapter 601, as amended by this Act, is further
amended by adding at the end the following:
``Sec. 60140. <> Cover over buried pipelines
``(a) Hazardous Liquid Pipeline Incidents Involving Buried
Pipelines.--
``(1) Study.--The Secretary of Transportation shall conduct
a study of hazardous liquid pipeline incidents at crossings of
inland bodies of water with a width of at least 100 feet
[[Page 1921]]
from high water mark to high water mark to determine if the
depth of cover over the buried pipeline was a factor in any
accidental release of hazardous liquids.
``(2) Report.--Not later than 1 year after the date of
enactment of this section, the Secretary shall transmit to the
Committee on Transportation and Infrastructure and the Committee
on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate
a report on the results of the study.
``(b) Assessment of Current Requirements for Depth of Cover Over
Buried Pipelines.--
``(1) In <>
general.--If, following completion of the study under subsection
(a), the Secretary finds that the depth of cover over buried
pipelines is a contributing factor in the accidental release of
hazardous liquids from the pipelines, the Secretary, not later
than 1 year after the date of completion of the study, shall
review and determine the sufficiency of current requirements for
the depth of cover over buried pipelines.
``(2) Legislative recommendations.--
``(A) Development.--If the Secretary determines
under paragraph (1) that the current requirements for
the depth of cover over buried pipelines are
insufficient, the Secretary shall develop legislative
recommendations for improving the safety of buried
pipelines at crossings of inland bodies of water with a
width of at least 100 feet from high water mark to high
water mark.
``(B) Consideration of factors.--In developing
legislative recommendations under subparagraph (A), the
Secretary shall consider the factors specified in
section 60102(b)(2).
``(C) Report to congress.--If the Secretary develops
legislative recommendations under subparagraph (A), the
Secretary shall submit to the committees referred to in
subsection (a)(2) a report containing the legislative
recommendations.''.
(b) Clerical Amendment.--The analysis for chapter 601 is amended by
inserting after the item relating to section 60139 the following:
``60140. Cover over buried pipelines.''.
SEC. <> 29. SEISMICITY.
In identifying and evaluating all potential threats to each pipeline
segment pursuant to parts 192 and 195 of title 49, Code of Federal
Regulations, an operator of a pipeline facility shall consider the
seismicity of the area.
SEC. 30. <> TRIBAL
CONSULTATION FOR PIPELINE PROJECTS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall develop and implement a protocol for
consulting with Indian tribes to provide technical assistance for the
regulation of pipelines that are under the jurisdiction of Indian
tribes.
SEC. 31. PIPELINE INSPECTION AND ENFORCEMENT NEEDS.
(a) <> Inspection and Enforcement
Needs.--Not later than 12 months after the date of enactment of this
Act, the Secretary
[[Page 1922]]
of Transportation shall submit to the Committee on Transportation and
Infrastructure and the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that provides information on--
(1) the total number of full-time equivalent positions for
pipeline inspection and enforcement personnel at the Pipeline
and Hazardous Materials Safety Administration;
(2) out of the total number of such positions, how many of
the positions are not filled and the reasons why the positions
are not filled;
(3) the actions the Administrator of the Pipeline and
Hazardous Materials Safety Administration is taking to fill the
positions; and
(4) any additional inspection and enforcement resource needs
of the Pipeline and Hazardous Materials Safety Administration.
(b) Staffing.--Subject to the availability of funds, the Secretary
may increase the number of positions for pipeline inspection and
enforcement personnel at the Pipeline and Hazardous Materials Safety
Administration by 10 full-time equivalent employees, if--
(1) on or before September 30, 2014, the Secretary fills the
135 full-time equivalent positions for pipeline inspection and
enforcement personnel specified in section 18(e) of the Pipeline
Inspection, Protection, Enforcement, and Safety Act of 2006 (120
Stat. 3498); and
(2) in preparing the report under subsection (a), the
Secretary finds that additional pipeline inspection and
enforcement personnel are necessary.
SEC. 32. AUTHORIZATION OF APPROPRIATIONS.
(a) Gas and Hazardous Liquid.--Section 60125(a) is amended to read
as follows:
``(a) Gas and Hazardous Liquid.--
``(1) In general.--To carry out the provisions of this
chapter related to gas and hazardous liquid and section 12 of
the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101
note; Public Law 107-355), there is authorized to be
appropriated to the Department of Transportation for each of
fiscal years 2012 through 2015, from fees collected under
section 60301, $90,679,000, of which $4,746,000 is for carrying
out such section 12 and $36,194,000 is for making grants.
``(2) Trust fund amounts.--In addition to the amounts
authorized to be appropriated by paragraph (1), there is
authorized to be appropriated for each of fiscal years 2012
through 2015 from the Oil Spill Liability Trust Fund to carry
out the provisions of this chapter related to hazardous liquid
and section 12 of the Pipeline Safety Improvement Act of 2002
(49 U.S.C. 60101 note; Public Law 107-355), $18,573,000, of
which $2,174,000 is for carrying out such section 12 and
$4,558,000 is for making grants.''.
(b) Emergency Response Grants.--Section 60125(b)(2) is amended by
striking ``2007 through 2010'' and inserting ``2012 through 2015''.
(c) One-Call Notification Programs.--Section 6107 is amended--
[[Page 1923]]
(1) in subsection (a) by striking ``2007 through 2010.'' and
inserting ``2012 through 2015.'';
(2) in subsection (b) by striking ``2007 through 2010.'' and
inserting ``2012 through 2015.''; and
(3) by striking subsection (c).
(d) State Damage Prevention Programs.--Section 60134 is amended by
adding at the end the following:
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to provide grants under this section
$1,500,000 for each of fiscal years 2012 through 2015. Such funds shall
remain available until expended.''.
(e) Community Pipeline Safety Information Grants.--Section 60130 is
amended--
(1) in subsection (a)(1) by striking ``$50,000'' and
inserting ``$100,000'';
(2) in subsection (b)--
(A) by inserting ``to grant recipients and their
contractors'' after ``this section''; and
(B) by inserting ``, for direct advocacy for or
against a pipeline construction or expansion project,''
after ``for lobbying''; and
(3) in subsection (d) by striking ``$1,000,000 for each of
the fiscal years 2003 through 2010'' and inserting ``$1,500,000
for each of fiscal years 2012 through 2015''.
(f) Pipeline Transportation Research and Development.--Section 12 of
the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note) is
amended--
(1) in subsection (d) by adding at the end the following:
``(3) Ongoing pipeline transportation research and
development.--
``(A) <> In
general.--After the initial 5-year program plan has been
carried out by the participating agencies, the Secretary
of Transportation, in coordination with the Director of
the National Institute of Standards and Technology, as
appropriate, shall prepare a research and development
program plan every 5 years thereafter and shall transmit
a report to Congress on the status and results-to-date
of implementation of the program every 2 years. The
biennial report shall include a summary of updated
research needs and priorities identified through the
consultation requirements of paragraph (2).
``(B) Consultation.--The Secretary shall comply with
the consultation requirements of paragraph (2) when
preparing the program plan and in the selection and
prioritization of research and development projects.
``(C) Funding from non-federal sources.--The
Secretary shall ensure at least 30 percent of the costs
of program-wide research and development activities are
carried out using non-Federal sources.''.
[[Page 1924]]
(2) in subsection (f) by striking ``2003 through 2006.'' and
inserting ``2012 through 2015.''.
Approved January 3, 2012.
LEGISLATIVE HISTORY--H.R. 2845:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 112-297, Pt. 1 (Comm. on Transportation and
Infrastructure).
CONGRESSIONAL RECORD, Vol. 157 (2011):
Dec. 12, considered and passed House.
Dec. 13, considered and passed Senate.